(1) A governmental entity or private entity may offer a portable benefit plan.

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Terms Used In Utah Code 34-57-102

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Portable benefit plan: means a group that:
         (3)(a) offers an insurance product regulated by:
              (3)(a)(i) Title 31A, Insurance Code; or
              (3)(a)(ii) Title 35A, Chapter 4, Employment Security Act; and
         (3)(b) is assigned to an individual beneficiary and is not associated with a specific employer or hiring party. See Utah Code 34-57-101
(2) Contributions to a portable benefit plan:

     (2)(a) shall be voluntary; and
     (2)(b) may not be used as a criterion for determining a person‘s employment classification.
(3) If an Internet or application-based company contributes to a portable benefit plan for the benefit of an individual beneficiary:

     (3)(a) the contribution is not evidence of employer liability; and
     (3)(b) a court may not construe the contribution as an element of an employment relationship for purposes of:

          (3)(b)(i) Title 34A, Chapter 2, Workers’ Compensation Act; or
          (3)(b)(ii) Title 35A, Chapter 4, Employment Security Act.